Communications Regulatory Authority

the topics of universal service, network security, and the appeal procedures before
national jurisdictional bodies. All the national delegations shared the concern over the
network security situation, and they pointed out the advisability of defining precise
obligations for network and service providers. In consideration of the future entry into
effect of the reformed regulations, the discussion is still ongoing over the possible
expansion of the universal service contents to the broadband services and mobile
services.
Lastly, with regard to the possibility of harmonizing the appeal procedures
before national jurisdictional bodies, in order to avoid the risk of adoptions of national
decisions that conflict with the Community regulatory framework, the Commission
pointed out the particular delicacy of the subject, in consideration of the strong
peculiarities and regulatory differences that characterize the legal systems of the single
Member States.
The first results of the discussion registered, also within the COCOM, an
agreement of principle of the Member States on the advisability of streamlining the
market notification procedures under Article 7 of the framework directive and of
improving the conditions for managing the spectrum.
AGCOM’s institutional participation, coordinated with the Ministry of
Communications, continued in the national delegation with the Radio Spectrum
Committee, set up by European Parliament and Council decision no. 676/2002/EC of 7
March 2002 (the so-called “radio spectrum” decision). It should be remembered that the
Committee was set up for the electronic communication networks and services, in the
context of the European regulatory framework of 2002, with the objective of assisting
the Commission in the definition and adoption of the technical implementation
measures suitable for fostering a higher degree of harmonization in the spectrum
policies. The aim is to render this scarce resource available in a coordinated manner and
efficiently useable at the European level and, as a result, to contribute to the
development of the European internal market.
During the period of reference, the Committee continued to deal with the themes
concerning the harmonization of the spectrum for short range devices (SRD), the
Terrestrial Flight Telephone System (TFTS), the additional 2.6 GHZ band for mobile
systems, the use of radio frequency identification devices (RFID), and 2GHz mobile
satellite systems (MSS), with the adoption of the related CEPT reports and, in some
cases, the preparation of a decision draft. Also noteworthy are the adoption of
Community decisions concerning the harmonization of the use of the 5 GHz spectrum
for Radio-LAN and for the future use of the former ERMES band, the adoption of
mandates to the CEPT regarding the specifications for a Community information on
spectrum use and the compatibility studies for broadband wireless access (BWA), as
well as an initial consultation on the harmonized introduction of the Wireless Access
Policy for Electronic Communication Systems (WAPECS) platforms.
220